NIMA SARL v DEVES INSURANCE PLC [2002] EWCA Civ 1132

[2002] Lloyd's Rep IR 752

COURT OF APPEAL

Before Lord Justice Potter, Lord Justice Keene and Mr Justice Sumner

Insurance (marine) - Loss of cargo - Conflict of laws - Whether England appropriate forum for action to be heard - Policy governed by English law - Whether seriously arguable that risk had not attached - Whether seriously arguable that vessel was a “phantom vessel” - Marine Insurance Act 1906, ss 44 and 45 - Institute Cargo Clauses A - Effect of expiry of foreign limitation period.